PDA

View Full Version : US Supreme Court Weakens the Fifth



Ian McColgin
06-28-2013, 05:40 AM
Voting five to four the court ruled that prosecutors can use a suspect's silence -if that silence is pre-Miranda and if the suspect does not specificly say to the police that he or she is invoking the fifth - as evidence of guilt.

http://www.scotusblog.com/case-files/cases/salinas-v-texas/

tizziec
06-28-2013, 06:17 AM
1. When being questioned, it does NOT mean you have been "arrested" so even miranda rights are qeustionable as they apply to after being "arrested"

2. You are not "charged" with a crime until it is heard before a judge at which time it begins to fall under the 5th.

For having a bunch of so-called "constitutionalists" on the court, they sure are a bag of idiots!